Case law

People v. Wolf

2024 IL App (2d) 230457-U · Appellate Court of Illinois · Jan 26, 2024

¶ 14 Because Inman is clearly distinguishable, we disagree. … ¶ 17 Here, on the other hand, the record establishes that the trial court never issued a decision as to the State’s October 4, 2023, petition before it was voluntarily withdrawn.

People v. Enoch

189 Ill. App. 3d 535 · Appellate Court of Illinois · Sep 29, 1989

which clearly indicates that the jury heard and remembered Griffin’s testimony. … We hold that Davis’ complaint to her mother qualified as a spontaneous declaration.

Steger v. Northen

229 Ill. App. 529 · Appellate Court of Illinois · May 31, 1923

It is not, however, an arbitrary discretion, but is subject to well known and clearly defined rules.” (Citing In re Tempest, L. R. 1, ch. 485.) … to the ward’s interest that as few as possible of the claims be allowed; that if it subsequently developed that the piano company could be held liable for some portion of said claims it might be to the ward’s interest to establish

Prato v. Vallas

331 Ill. App. 3d 852 · Appellate Court of Illinois · May 31, 2002

The hearing officer noted that plaintiff determined that no vacancies existed in the Options program for qualified applicants only after discovery of plaintiffs unauthorized mailing. … Evidence at a hearing revealed that the plaintiff established a pattern of disrespect for school procedure and policy despite repeated attempts by authorities to persuade the plaintiff to follow established procedures and

People v. W.B.

328 Ill. App. 3d 175 · Appellate Court of Illinois · Feb 26, 2002

The burden of rebutting this presumption and clearly establishing a constitutional violation is on the party challenging the constitutionality of the statute. R.C., 195 Ill. 2d at 296. … Sterilization of those who have thrice committed grand larceny with immunity for those who are embezzlers is a clear, pointed, unmistakable discrimination." Skinner, 316 U.S. at 541, 86 L.

Zokoych v. Spalding

36 Ill. App. 3d 654 · Appellate Court of Illinois · Feb 19, 1976

Small (1925), 319 Ill. 437, 449 , 150 N.E. 435 : “It is seldom that any one act, taken by itself, will establish a conspiracy, but when taken in connection with other acts it may appear clearly that the series of wrongful … McCauley, who qualified as an expert in the industry and type of business conducted by Ample was fully conversant with its operations.

Chapman v. Chicago Department of Finance

2022 IL App (1st) 200547 · Appellate Court of Illinois · Feb 14, 2022

¶ 24 “The last antecedent doctrine, a long-recognized grammatical canon of statutory construction, provides that relative or qualifying words, phrases, or clauses are applied to the words or phrases … ¶ 34 The Department next argues that it was only required to establish by clear and convincing evidence the possibility that disclosure of the requested information could cause harm. 2 We disagree

Mercy Crystal Lake Hospital and Medical Center v. Illinois Health Facilities and Service Review Board

59 N.E.3d 27 · Appellate Court of Illinois · Apr 22, 2016

been denied, was clearly apparent. … Beck testified under immunity from prosecution that with Rezko’s support and a $1,000 donation to Blagojevich’s campaign fund, he was appointed chairman of the Board.

Fox v. Produce Cold Storage Exchange

192 Ill. App. 301 · Appellate Court of Illinois · Apr 22, 1915

Clearly a plan had been perfected to carry out the proposition set forth in that letter. … The evidence clearly shows that he paid $10,000 for 100 shares of preferred stock, for which he also received 100 shares of common stock.

In Re Marriage of Milovich

105 Ill. App. 3d 596 · Appellate Court of Illinois · Mar 31, 1982

The basis of the objection was that she had not been qualified as an expert and that respondent’s counsel had not established an adequate foundation, based on her observations, for her opinion on custody. … Respondent asserts that he “clearly” favored the mother. The record, however, establishes that he told the judge that he felt both parents were “decent” and that the children were extraordinary.

Jacobson v. General Finance Corp.

227 Ill. App. 3d 1089 · Appellate Court of Illinois · Apr 24, 1992

The pleadings and affidavit of plaintiffs’ attorney establish the following facts. … Plaintiffs do not contend that the amendment impairs the obligation of contracts or makes an irrevocable grant of special privileges or immunities under the same provision of the Constitution.

FIFTH THIRD BANK, NA v. Rosen

354 Ill. Dec. 362 · Appellate Court of Illinois · Sep 23, 2011

The use of the term "taxable estate" was not an inadvertence, but was a clearly defined value used in Leon's estate documents. … Myrna has not shown how the use of this established term was an inadvertence and we decline to find such an error.

People v. Powers

260 Ill. App. 3d 163 · Appellate Court of Illinois · Mar 29, 1994

These principles are qualified by the well-established rule in Illinois that the mere availability of a strategy that would have helped one defendant at the expense of another does not create hostility between the interests … Expounding on the Fahey test, the Gambino court observed: "Clearly, a defendant who establishes that his attorney rejected a plausible defense because it conflicted with the interests of another client establishes not only

People v. Barber

116 Ill. App. 3d 767 · Appellate Court of Illinois · Jul 29, 1983

Experts, properly qualified, are not limited to a recitation of what they observed, but may express their opinion as to causation. People v. Gordon (1981), 94 Ill. App. 3d 764, 768 , 419 N.E.2d 66, 70 . … The record here indicates that the trial court specifically noted the foregoing provisions of the statute and there is no denial that the evidence in this case clearly supports his decision.

Brax v. Kennedy

363 Ill. App. 3d 343 · Appellate Court of Illinois · Dec 6, 2005

Kennedy will testify that he possessed and applied the knowledge and used the skill and care of a reasonably well-qualified surgeon in his treatment of Jonathon Brax. … Kennedy]: That was not established at that time, no.

In re Marriage of Svec

2024 IL App (2d) 220461-U · Appellate Court of Illinois · Aug 27, 2024

¶ 24 We begin with whether petitioner established a substantial change in circumstances warranting modification of the MSA. … Thus, the MSA’s plain and unambiguous language clearly reflects the parties’ intent—that respondent was to receive the tax benefit for a longer period.

People v. Turner

Appellate Court of Illinois · Jan 24, 2003

App. 3d 693 , 702 n.4 (2000), pointed out that neither the United States Supreme Court nor the Illinois Supreme Court has ever found that a new rule qualifies for retroactive application under the second Teague exception. … Defendant argues "whether the right to make this personal decision is perceived as an aspect of due process, as an aspect of effective representation of counsel, or as a combination of the two, it is clearly a right of constitutional

McIntyre v. Balagani

2019 IL App (3d) 140543 · Appellate Court of Illinois · Aug 27, 2019

Thus, the unrebutted testimony clearly established that Angela and the children suffered a substantial loss as a result of Donald’s untimely death. … If A’s testimony is offered for the purpose of establishing that B said this, it is clearly admissible. Leonardi, 168 Ill. 2d at 99.

Herman v. Power Maintenance & Constructors, LLC.

388 Ill. App. 3d 352 · Appellate Court of Illinois · Feb 18, 2009

Nothing happened to support a finding of incompetence during the time he didn’t work, quite clearly, so our argument is November 15, 2005, is the accrual date of his action. … counsel’s “judicial admission,” together with the previous summary judgment, was dispositive: plaintiff’s counsel admitted that plaintiffs cause of action accrued on November 15, 2005, and the previous summary judgment established

People v. Palacio

240 Ill. App. 3d 1078 · Appellate Court of Illinois · Feb 11, 1993

To prevail on an ineffective-assistance claim, a defendant must establish that counsel’s performance was deficient. … However, in the present case, we clearly have the real thing. We view Dey’s subpoena here as having both a harassing and disrupting effect.